ZAKIR ANSARI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment of conviction dated 20.09.2002 and order of Sentence dated 20.09.2002 passed by the learned Additional District & Sessions Judge, Fast Track Court -III, Hazaribagh in S.T. No. 546 of 1998 whereby the above named appellant has been found guilty and convicted and sentenced to undergo rigorous imprisonment for five years under Section 412 of the Indian Penal Code.

(2.) THE prosecution case in brief as per the fardbeyan of the informant Md. Irfan, P.W. 4 is, the then Branch Manager of State Bank of India, Barsot Branch, P.S. Barhi, District Hazaribag made on 10.03.1998 at about 1 p.m. in the office of his Branch before S.I. Uday Prasad Singh the then Officer In -Charge Barhi P.S. That on the same day about 10 a.m. the bank opened and the work started in the bank at about 10.30 a.m. He was working in his chamber. The normal transaction of the bank is about 3 -4 lacs per day. On Saturday the 7th March 1998 the cash balance of the bank was Rs. 24,244.10/ - and on Monday i.e. on 09.03.1998 the balance in the Bank was 2,65333.10/ - paisa and on that day i.e. on 10.03.1998, he has taken out Rs. 68,833.10/ - from the strong room and Rs. 26,781/ - was deposited in the bank. There was Rs. 95614.10/ - with the cashier out of which Rs. 50,850/ - was paid on that day and Rs. 44,764.10/ - balance remained and after deducting Rs. 1/ -, total amount with the cashier was Rs. 44,763.10/ - and Rs. 19,6500/ - was kept in the safe volt. The normal business of the bank was going on in the meantime suddenly at about 12 P.M. of day he heard some halla gulla in the hall. He came out from his chamber and saw that one person has snatched the gun from the bank guard and was pointing the gun on the bank guard. One person had entered the counter of cashier and taking money. Third man was standing outside the counter and the fourth man was standing at the door and preventing the customers from going out from the bank. In the meantime the dacoits after taking the money in the bank from the cashier came to him and asked who is the manager. Somebody told about him and on getting informed that he is the manager, dacoits pointed pistol upon him and coerced him to go in the strong room and take out the money and demanded the key. The informant said that key was not with him, it was kept inside. Then he placed the pistol at his neck, brought him to his chamber, took out the key from the chamber opened the door of the strong room and then got the safe volt kept there opened and took out Rs. 1,96,500/ - from the safe volt and kept that money in the same bag. Two dacoits went inside the strong room with him and they asked him to sit with face towards the wall after taking the money. The informant sat over there. Both the dacoits came out in the hall and commanded to go upon which all the four culprits went out. When the informant heard sound of motorcycle then he came out from the strong room and came in the hall and saw that the dacoits have fled away. Then he and other staff of the Bank came out and tried to inform police station telephonically from post office. They also tried to send information to other places but the telephone was out of order then they sent information to police station from the post office that the dacoits have taken away DBBL gun of 12 bore of bank guard bearing No. SV8600362 manufactured by Indian Ordinance Factory, 10 live cartridges along with the looted money. The dacoits had come from towards east and they also fled away towards east. This fact is being told by the persons who have seen them coming and going. Dacoits had come on a red motorcycle without number plate and a black Rajdoot motorcycle. The informant gave the description of dacoits as follows: - - The dacoit who has looted the gun from the bank guard was a lean and thin man of about 5' height and his colour was sawla. He was wearing full bushirt of Doria with green and black check and a khaki pant. He had black hair which he had combed towards behind. He had small mustache he was aged about 30 -32 years. He had coerced Bank Guard to lay down in the corridor. He had also coerced Chowkidar Chatu Singh deputed by the police at the bank to lay down in the corridor and he had given looted gun to his associates who was standing out side and was a man of short height with sawla colour and the same man had given a bag to the cashier to fill it with cash. The second dacoit who had entered in the strong room was a black colour boy with quarter to 6' height. He was a lean man having small hair and small moustache and he was wearing full sleeve shirt of white and blue check and red sweater and wrapping a muffler at his neck which was of merun colour. He was about 20 -22 years. The third dacoit who had taken money from the cashier was aged about 20 -30 years having a fair complexion and a wide face and his height was about 5'/2". He was wearing blue pants and small checked shirt and holding a spring knife in one hand and a bomb in another hand. The fourth dacoit was about 25 -30 years of age and of a normal height and his colour was sawla, was keeping short hair and wearing full shirt of green colour and black pant. He was having a pistol and was commanding everybody to remain inside. The informant could not see the fifth dacoit properly who was standing out side. The cash which was kept in the safe volt and with the cashier was sealed with seal of the bank and signed by the cashier whose name was A. Kumar and the Branch Code 8149 was written on the slip. Cashier had also some lose bundles. The informant further said that he, chowkidar Chhatu Singh and other staff working in the bank can identify the culprits if they are brought before them again. The informant mentioned at the end of his written statement that it was found correct and then signed it.

(3.) THE police after concluding the investigation submitted charge sheet No. 66/98 dated 8.6.98 against accused Zakir Ansari aforesaid and one Jagdish Yadav, Jainul Ansari, Kishun Sao and Rameshwar Sao for the offence under Section 395/412 IPC.